Historical Newspapers of South Carolina

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

By MIKE HEMBREE Fifth Judicial Circuit Solicitor John Foard, Columbia's self-styled Mr. Clean, has taken on a new opponent in his never-ending battle against dirt, filth, obscenity and other forms of Communism. The latest villain is one Gerald Matheny, the operator of two "Adult Peep Shows" in the area. The "Shows" -- the Assembly Street Book Mart and the Devine Street Book Mart --- specialize in books, magazines and other "supplies" dealing with sex and other such erotic subjects. Matheny was convicted in September 1971 of violating the state's obscenity laws. He has Foard appealed to the state Supreme Court on that case. But Foard has thrown a different light on the situation. In addition to his criminal conviction, Matheny now faces a civil charge that the Assembly Street store is a public nuisance. Matheny attempted to move the civil case from Richiand County Court to U. S. District Court on grounds of improper jurisdiction. But U. S. District Judge Robert Hemphill refused Friday to permit the move and the case will remain in county court.. In the latest development in a seemingly endless legal tangle, Matheny is seeking to permanently enjoin Foard from attempting to shut down the shop. Matheny's complaint, filed in federal court, also asks for a federal judge panel to rule on the constitutionality of the state's nuisance law. Meanwhile, there is business as usual at the Assembly Street store. And Matheny, ap parently not overly worried about Foard's attempts to close the store as a nuisance, has opened a similar shop on Devine Street. The aura around the entire situation is strikingly similar to the UFO Coffeehouse case in the spring of 1970. That troubled season is also remembered for Richard Nixon's Cam bodian invasion and the Kent State killings, two things which, combined with the closing down of the Coffeehouse, played a major role in prompting the "May riots" at USC. Foard was also the key figure in the Cof feehouse situation, and he appears to be just as determined to close down the Peep Show, a place he calls "definitely obscene." "Personally, I don't like the place," Foard related. "But there are a lot of places I don't like. That doesn't mean I can walk in and close them down, though." Foard said the surprising thing about the Peep Show situation is that he waited until this point to take action. ''I usually close places before criminal. charges have been brought," he said. ''But this time I waited until we got the conviction. That, coupled with the evidence, put me in a better position to try to close the place. ''A lot of people didn't understand why we didn't close it down a year ago,'' Foard con tinued. ''We got calls complaining about the place, but they had subsided some until he opened that new place on Devine Street. Then the phone almost rang off the hook. ''These books don't just show pretty naked women,'' Foard said. ''They deal with extreme situations and homosexuality. If this is not obscene, I don't know what is.'' City Detective Captain H. T. Snipes, the principal officer in two of the three Matheny arrests, also has an eye on the Peep Show. "We noticed that young paper boys on the corner of the street could look through the door and see the obscene material from the sidewalk," Snipes said. "We took a tape measure and found that the visible material was 14-16 feet from the sidewalk. Nude men and women could be seen on the books from there. ''We took one of each of the things we could see from the street and showed them to the jury,'' Snipes continued. ''Matheny was con victed of having and displaying obscene material where minors were involved.'' Haven o or free "Those books don't just s They deal with extreme si1 If this is not obscene, The "open door" situation has been remedied somewhat. The Assembly Street shop has a partition across the front entrance which shields the obscenity hidden within. The new Devine Street branch also has a partition, along with a black glass front, which hides the inside of the store completely. South Carolina's obscenity laws are very unclear, a matter which presents problems in cases such as Matheny's. Obscenity cases decided in state courts have been overturned by federal courts on numerous occasions. Matheny's defense stated that he could not get a fair trial in the county court, thus the attempt to have the case moved to a federal tribunal. "Local prejudices have been so inflamed by actions and statements of the solicitor that it will be impossible for the defendants to protect their rights in Richland County," said Patrick Treacy, Matheny's attorney. But Foard said that Treacy's claim "did not hold water. Although our state courts are sometimes overruled, that doesn't mean that they can't get a fair trial here." Amidst all the squabble, the Peep Shows continue to attract their diversified clientele. PONDERUSA Student Night TUESDAY 5 P.M. 'til Closing SPECIAL STEAK DINNER $119 *Withi Student ID The best steak at the best price. Served with baked potato or French fries, tossed salad and bread. COME AS YOU A RE NO TIPPING; FRIDEROSA 548 KNOX ABBOTT DRIVE IN CAYCE BUSH RIVER ROAD-JUST OFF 1-26 4510 DEVINE SREE-EAST ...L.U.....